(ii)are provided to the Secretary by an Indian or Indian tribe under an express expectation of confidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service.

(2) Limitations on disclosure

Subject to subsection (b)(2), the Secretary shall not be required to disclose information under section
552 of title
5 (commonly known as the “Freedom of Information Act”), concerning the identity, use, or specific location in the National Forest System of—

(A)a site or resource used for traditional and cultural purposes by an Indian tribe; or

The Secretary may disclose information described in subsection (a)(l)(A) [2] if, before the disclosure, the Secretary—

(A)consults with an affected Indian tribe or lineal descendent;

(B)determines that disclosure of the information—

(i)would advance the purposes of this chapter; and

(ii)is necessary to protect the human remains or cultural items from harm, theft, or destruction; and

(C)attempts to mitigate any adverse impacts identified by an Indian tribe or lineal descendant that reasonably could be expected to result from disclosure of the information.

(2) Other information

The Secretary, in consultation with appropriate Indian tribes, may disclose information described under paragraph (1)(B) or (2) of subsection (a) if the Secretary determines that disclosure of the information to the public—

(A)would advance the purposes of this chapter;

(B)would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and